Fourth Circuit· 5/8/1985

Gay v. Wall

Citations

761 F.2d 175
2 Fed. R. Serv. 3d 53
1985 U.S. App. LEXIS 31109

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the non-moving party has the right to file counter affidavits or pursue reasonable discovery
explaining that the notice requirement for converting a motion to dismiss is satisfied “[w]hen a party is aware that material outside the pleadings is before the court”
explaining that the notice requirement for converting a motion to dismiss is satisfied “[w]hen a party is aware that material outside the pleadings is before the court”
plaintiff stated claim when he al- leged that defendants continued to hold him despite “actual knowledge” that he was the wrong person
“The defendants’ motion was simply a motion to dismiss, not a motion to dismiss or, in the alternative, a motion for summary judgment.”
“Because Gay was not afforded an opportunity for reasonable discovery, the district court’s treatment of the motion to dismiss as a motion for summary judgment was an abuse of discretion.”

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22 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

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